Cometa

MEMORANDUM **

Ruth Mística Cometa petitions for review of the Board of Immigration Appeals’ (“BIA”) final decision dismissing her appeal of the Immigration Judge’s (“IJ”) decision denying her application for asylum and withholding of removal. On appeal, Cometa argues that the BIA’s decision should be reversed because it erred in finding that: (1) her testimony was not credible; and (2) she had not established past persecution based on one of the five enumerated grounds. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and grant the petition for review.

I. Cometa’s Credibility

We review adverse credibility findings under the substantial evidence standard. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Where the BIA’s decision incorporates the IJ’s, we review the IJ’s decision. Id. The IJ must give “a legitimate articulable basis to question the petitioner’s credibility and ... a specific, cogent reason for any stated disbelief.” Id.

The IJ found, and the BIA agreed, that Cometa’s testimony was not credible because of inconsistencies and because certain aspects of her testimony were implausible. The IJ identified three problematic areas of Cometa’s testimony: (1) the New…